Adjustment I-485 and J1 expired (when it does)

[my350touring 0]

Question for people on this forum:

1. My girlfriend is currently in the US on a J1 Au Pair Visa. The Visa expires 6/1/07 and is not subject to 2 years requirement.

2. We talked about her situation and she doesn't want to extend her J1 for a second year. She will probably stay with the host family until 5/15/07.

3. I was planning on marrying her.

Here's my question.

1. If I married her and file Adjustment I-485 before her Visa expires 6/1/07. What happens if it still processing and the Visa Expired?

2. What happend if I file Adjustment I-485 after her Visa expired?

[Dr_LHA 3]

1. If I married her and file Adjustment I-485 before her Visa expires 6/1/07. What happens if it still processing and the Visa Expired?

She will be in legal status because her AOS is pending.

2. What happend if I file Adjustment I-485 after her Visa expired?

She will have a visa overstay, which mean she will be illegal for the time between the J-1 expiring and AOS being filed. During this time she could be deported. However as soon as you file AOS she will be in legal status again and USCIS will forgive the visa overstay when you adjust status, as she is married to a US Citizen.

[my350touring 0]

Thanks for answers, very helpful.

1. If I married her and file Adjustment I-485 before her Visa expires 6/1/07. What happens if it still processing and the Visa Expired?

She will be in legal status because her AOS is pending.

2. What happend if I file Adjustment I-485 after her Visa expired?

She will have a visa overstay, which mean she will be illegal for the time between the J-1 expiring and AOS being filed. During this time she could be deported. However as soon as you file AOS she will be in legal status again and USCIS will forgive the visa overstay when you adjust status, as she is married to a US Citizen.